38Investigations

38 Investigations

(1)  [Section 38 Subsection (1) amended by No. 39 of 2010, s. 34, Applied:01 Jul 2011] The Director or an authorised person may carry out any investigation necessary to –

(a) consider an application for a licence; or

(b) ascertain whether or not an offence under this Act has been, or is being, committed.

(2)  [Section 38 Subsection (2) amended by No. 39 of 2010, s. 34, Applied:01 Jul 2011] [Section 38 Subsection (2) substituted by No. 58 of 2005, s. 32, Applied:01 Jan 2006] In carrying out an investigation, the Director or an authorised person or police officer may –

(a) enter at any reasonable time any place where he or she reasonably believes –

(i) an activity for which a licence is required has been or is being undertaken; or

(ii) a register maintained under section 35B or 35C is being kept; and

(b) require any person to provide any relevant information, including financial and other confidential information, within the period, and in the manner, specified in the requirement; and

(c) in any place entered under paragraph (a) , gain access to, and take copies of, any relevant documents, including a register maintained under section 35B or 35C ; and

(d) seize any relevant document.

(3)  A requirement made of a company is to be made to –

(a) any officer of that company; or

(b) a person apparently having the management of the business carried on by that company.

(4)  A person must comply with a requirement.

Penalty:  In the case of –